IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090008015 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was awarded the PH for injuries he received while he served in Vietnam; however, it is not shown on his DD Form 214.

3.  The applicant provides his DD Form 214, dated 6 August 1968, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was inducted into the Army of the United States on 16 August 1966 for a period of 2 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later trained and awarded MOS 63C (Wheel Vehicle Mechanic).  The highest grade he attained was pay grade E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam from 6 January 1967 through 5 January 1968.  Item 38 (Record of Assignments) shows that during this tour he was assigned to Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows that he received a gunshot wound to the head on 26 March 1967.  The applicant's record shows that he received a scalp wound and was admitted to the 24th Evacuation Hospital on 26 March 1967.  He was transferred to the 36th Evacuation Hospital and on 8 April 1967 was transferred to the 6th Convalescent Center where he remained until 17 June 1967.  He was found to have some hearing loss in his left ear and was returned to duty with a temporary H-3 profile for 31 days.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not include the PH.  However, the applicant's name and service number appears on the Vietnam casualty roster.

6.  On 6 August 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.  He was credited with 1 year, 11 months, and 21 days of active duty service.  The DD Form 214 he was issued shows that during his active duty tenure he earned the National Defense Service Medal, the Combat Infantryman Badge, the 1st Class Gunners Badge, and two overseas service bars.

7.  Item 41 of the applicant's DA Form 20 shows that he was awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.  However, these awards are not listed on his DD Form 214.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Special Orders Number 215, Headquarters, 3d Training Brigade, Fort Jackson, South Carolina, dated 12 December 1966, awarded the applicant the 1st Class Gunners Badge with M60 Machine Gun Bar.  The DD Form 214 shows award of the 1st Class Gunners Badge; however, the M60 Machine Gun Bar is not annotated.
10.  General Orders Number 4697, Headquarters, 25th Infantry Division, dated 4 December 1967, awarded the applicant the Army Commendation Medal (ARCOM).  This award is not shown on his DD Form 214.

11.  A review of the applicant's records failed to reveal any documents indicating a breach of good order or discipline.  There is no evidence the applicant received nonjudicial punishment or was subjected to court-martial while he served on active duty in the Army.

12.  There is no entry in item 27 (Remarks) of the applicant's DA Form 20 to indicate he was disqualified from award of the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. 
A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and provides that authorized bronze service stars will be worn on the appropriate service medal.  One bronze service star is authorized for each campaign in which the Soldier participated.  The applicant participated in two campaigns while serving in the Republic of Vietnam – the Vietnam Counteroffensive Phase II, which extended from 1 July 1966 through 31 May 1967, and the Vietnam Counteroffensive Phase III, which extended from 1 June 1967 through 29 January 1968.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned (1st Battalion, 27th Infantry) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1968.

16.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was awarded and received the PH; however, it was not annotated on his DD Form 214.  Although there are no orders awarding the applicant the PH, the evidence of record shows that he was wounded in Vietnam and he was admitted to a military evacuation hospital for treatment for this injury.  Also, during the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name was listed on the roster as being wounded in action.  As a result, it would be appropriate to resolve this matter in favor of the applicant to award him the PH and add it to his DD Form 214 at this time.

2.  Special Orders Number 215, Headquarters, 3d Training Brigade, Fort Jackson, South Carolina, dated 12 December 1966, awarded the applicant the 1st Class Gunners Badge with M60 Machine Gun Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  General Orders Number 4697, Headquarters, 25th Infantry Division, dated 4 December 1967, awarded the applicant the ARCOM.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  The evidence of record further confirms that based on his service and campaign participation in Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.

5.  A review of the applicant's service personnel records revealed no evidence of any breach of good order or discipline.  There is no evidence of any lost time and there is no evidence the applicant was subjected to nonjudicial punishment or to court-martial while he served on active duty.

6.  There is no evidence the applicant's chain of command or former commander denied him award of the Army Good Conduct Medal.  The applicant was not awarded the Army Good Conduct Medal, it appears, more as a result of administrative oversight, rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Army Good Conduct Medal for the period 16 August 1966 through 6 August 1968.

BOARD VOTE:

____x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the PH for being wounded in action in the Vietnam on 26 March 1967;

	b.  awarding the applicant the Army Good Conduct Medal for the period 16 August 1966 through 6 August 1968; and

	c.  adding to his DD Form 214 the PH, the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the VSM with two bronze service stars, and the M60 Machine Gun Bar to his already-awarded 1st Class Gunners Badge.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090008015



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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